U.S. v. NGUYEN

No. 99-10195.

235 F.3d 1179 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Michael NGUYEN, aka Viet Quoc Nguyen, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2000.


Attorney(s) appearing for the Case

Arthur Pirelli, of San Francisco, California (argued), for the defendant-appellant.

J. Douglas Wilson, Chief, Appellate Section (argued), Robert S. Mueller, III, U.S. Attorney for the Northern District of California, Steven F. Gruel, Assistant U.S. Attorney, of San Francisco, California, for the plaintiff-appellee.

Before: DIARMUID F. O'SCANNLAIN, EDWARD LEAVY, and RONALD M. GOULD, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We are asked to decide, once again, whether a waiver of rights to appeal clause in a plea agreement is enforceable.

I

As part of an investigation into Vietnamese gang activity in the San Jose area, an undercover officer sold purportedly stolen computer chips to Michael Nguyen ("Nguyen"). At a later date, a second undercover officer, posing as an Intel Corporation employee, sold over $250,000 worth of Intel CPUs and hard...

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